4.
This Act and the regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act
and, where a provision of this Act or the regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act
, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act
shall have precedence over the provision of this Act or a regulation made under this Act.

6.
(1) A member of a police force who has reasonable grounds to believe that a person has records respecting a missing person may apply to a judge for an order requiring the person to give members of the police force access to, and if requested, copies of, the records set out in subsection (2) respecting a missing person that

(a)
may assist the police force in locating the missing person; and

(b)
are in the possession or under the control of the person.

(2)
The records that may be accessed under a record access order include

(a)
records containing contact or identification information;

(b)
telephone and other electronic communication records, including

(i)
records related to signals from a wireless device that may indicate the location of the wireless device,

(ii)
cell phone records,

(iii)
inbound and outbound text messaging records, and

(iv)
internet browsing history records;

(c)
global positioning system tracking records;

(d)
video records, including closed circuit television footage;

(e)
records containing employment information;

(f)
records containing personal health information;

(g)
records from a school, university or other educational institution containing attendance information;

(h)
records containing travel and accommodation information;

(i)
records containing financial information; and

(j)
any other records the judge considers appropriate.

(3)
Where the missing person is a minor or a vulnerable person and there are reasonable grounds to believe that the missing person may be in the company of another person, the judge may order that members of the police force be given access to, and if requested, copies of, the records set out in subsection (2) respecting the person who may be accompanying the missing person.

(4)
The judge may make a record access order if he or she is satisfied on oath or affirmation that the order may assist the police force in locating the missing person.

(5)
The judge may impose restrictions or limits on the records to be produced under a record access order
that he or she considers appropriate.

(6)
The judge may include a provision in a record access order requiring a person to provide to members of the police force an accounting of the efforts made by the person to locate any records that cannot be found.

7.
A judge who is satisfied on oath or affirmation that there are reasonable grounds to believe that a missing person who is a minor or a vulnerable person may be in a dwelling or other premises may make an order authorizing members of a police force to enter, by force if necessary, the dwelling or other premises and search for the missing person.

8.
(1) Where, in the opinion of a member of the police force, it would not be practical to personally appear before a judge to apply for a record access order or a search order, the application may be made by telephone, facsimile or other means of telecommunication.

(2)
Where the information on which an application for a record access order or a search order is submitted by telephone, facsimile or other means of telecommunication, the information shall be given under oath or affirmation, and the oath or affirmation may be administered by telephone, facsimile or other means of telecommunication.

(3)
The information submitted by telephone, facsimile or other means of telecommunication shall include

(a)
a statement of the circumstances that make it impracticable for the member of the police force to appear personally before a judge; and

(b)
a statement of the grounds for believing that

(i)
the requested records may assist the police force in locating a missing person, or

(ii)
a missing person who is a minor or a vulnerable person may be in a dwelling or other premises.

(4)
The sworn or affirmed information submitted by telephone, facsimile or other means of telecommunication shall specify the name of the person giving evidence, the facts ascertained and the manner and location in which evidence was received, and a record of that information shall be filed by the judge with a clerk of the court over which the judge presides.

9.Where a judge is satisfied that public access to the court records relating to a record access order or a search order would interfere with the investigation into a missing person he or she may order that the court records, or any part of them, be sealed and kept in a location to which the public has no access.

10.
(1) Notwithstanding section 6, if there are reasonable grounds to believe that immediate access to records is necessary to prevent imminent bodily harm to or the death of a missing person, a member of a police force may serve a written demand on any person requiring that person to give members of the police force access to those records that are in the person's possession or under the person's control.

(2)
The records that may be accessed under a demand under this section include

(a)
records containing contact or identification information;

(b)
telephone and other electronic communication records, including

(i)
records related to signals from a wireless device that may indicate the location of the wireless device,

(ii)
cell phone records,

(iii)
inbound and outbound text messaging records, and

(iv)
internet browsing history records;

(c)
global positioning system tracking records;

(d)
video records, including closed circuit television footage;

(e)
records containing employment information to the extent that the records might indicate when the missing person was last seen or heard from and when, where and how the missing person is paid;

(f)
records containing personal health information to the extent that the records might indicate if the missing person has been recently admitted to a hospital and, if the records do so indicate, which hospital and the date and time of, and the reason for, admission;

(g)
records from a school, university or other educational institution containing attendance information;

(h)
records containing travel and accommodation information;

(i)
records containing financial information to the extent that the records might indicate

(i)
if one or more of the missing person's credit cards were recently used and, if the records do so indicate, when, where and for what purpose the credit cards were used, or

(ii)
if one or more of the missing person's bank accounts were recently accessed and, if the records so indicate, when, from where and for what purpose the bank accounts were accessed; and

(j)
any other records prescribed in the regulations.

(3)
A person who is served with a demand under this section shall give members of the police force access to, and if requested, copies of, the records within the time specified in the demand.

(4)
When a member of a police force serves a demand under this section, he or she shall file a written report with his or her commanding officer that sets out the circumstances in which the demand was made.

(5)
A police force shall prepare an annual report respecting its use of demands under this section, and shall file it with the Minister of Justice and Public Safety who shall make the report available to the public.

(6)
The annual report under subsection (5) shall include

(a)
the number of missing person investigations in which a demand under this section was made in that year and the total number of persons who were served with a demand in that year; and

11.
(1) If a person who is served with a demand under section 10 does not comply with the demand, a member of the police force may apply to a judge for an order directing the person to comply with the demand.

(2)
The judge may make an order requiring the person to comply with a demand
under section 10 if he or she is satisfied that

(a)
the records demanded are in the possession or under the control of the person; and

(b)
the making of the order may assist the police force in locating the missing person.

12.
(1) Notwithstanding section 38 of the Access to Information and Protection of Privacy Act
, information and records obtained by a police force under this Act shall be used only for

(a)
the purpose of locating a missing person or a use consistent with that purpose; or

(b)
a purpose for which the information may be disclosed under section 13.

(2)
If an investigation into a missing person becomes a criminal investigation, this section does not prevent information and records obtained by a police force under this Act from being used for the purposes of the criminal investigation.

13.
(1) Any information or records obtained by a police force under this Act are confidential and shall not be disclosed except in accordance with this section.

(2)
Notwithstanding section 39 of the Access to Information and Protection of Privacy Act
, information and records obtained by a police force under this Act shall be disclosed only

(a)
for the purpose of locating a missing person or a use consistent with that purpose;

(b)
when required by law;

(c)
to another law enforcement agency in Canada or a law enforcement agency in another country under an arrangement, written agreement, treaty or legislative authority, but only to the extent necessary to further the investigation into the missing person;

(d)
where the person the information or records are about has consented to the disclosure; or

(e)
in accordance with subsections (3) to (6).

(3)
For the purposes of furthering an investigation into a missing person, a police force may release the following information obtained under this Act respecting the missing person to the public through a media release, by posting the information on a website or in another manner the police force considers appropriate:

(a)
the missing person's name;

(b)
a physical description of the missing person;

(c)
a photograph of the missing person;

(d)
information about any medical conditions of the missing person that pose a serious or immediate threat to his or her health;

(e)
pertinent vehicle information;

(f)
the location where the missing person was last seen; and

(g)
the circumstances surrounding the disappearance of the missing person.

(4)
A police force may publicly announce that a missing person has been located.

(5)
A police force may disclose information and records obtained under this Act to other law enforcement agencies and government departments or agencies, to the extent necessary to coordinate investigations respecting missing persons.

(6)
If an investigation into a missing person becomes a criminal investigation, this section does not prevent the disclosure of information and records obtained by a police force under this Act for the purposes of the criminal investigation.